Patent drafting system

ABSTRACT

Systems and methods are disclosed to analyze a patent document by receiving patent application text including background, description of drawings, description and claims; generating a claim chart showing claim dependencies; checking for antecedent, support in drawings, support in the description; generating a navigable claim hierarchy; and generating a diagnostic message for the patent document.

This application is a continuation of and claims priority to ProvisionalApplication Ser. No. 60/185,644, filed Feb. 29, 2000 and to U.S.application Ser. No. 09/792,828, filed Feb. 24, 2001, and Ser. No.11/405,323, filed Apr. 17, 2006, the contents of which are incorporatedherewith.

BACKGROUND

The invention relates to systems, methods and techniques for processingintellectual property assets.

To compete more effectively at Internet speed, organizations aredelivering relevant information and providing increasingly sophisticatedand time-sensitive services to a rapidly expanding audience, includingemployees, customers, suppliers and partners both inside and outside thetraditional enterprise. Many organizations have extended their businessover the Internet to directly reach a large number of geographicallydispersed end-users. Due to the speed at which new ideas and conceptspropagate over the Internet, these e-business initiatives requiregreatly shortened the time necessary to procure and to perfect theprotection of new concepts and technology using intellectual property(IP) laws.

Among the domains of IP laws (patents, trademarks, trade secrets, andcopyrights), the procurement of patent rights is one of the mostchallenging processes. The resulting patent, if properly procured, canbe highly valuable as it grants exclusivity on the new idea ortechnology to an applicant for IP rights. According to statistics fromthe U.S. Patent and Trademark Office, utility applications to the U.S.Patent Office for all applicants worldwide ranged from 95,000 to 102,000between 1965 and 1976, and from 153000 to 243,000 applications between1989 and 1998. The increase in patent applications is due in part toimprovements in the management of research and development programs, andfurther in part to the realization that intellectual assets such aspatents are commercially valuable. There's real power in patents, andreal money:

Due to the complexity of the process and the potential loss in value tothe IP from to errors in procuring the IP, the applicant typicallyrelies on an IP specialist such as a registered patent attorney. The IPspecialist plays an important role in assisting applicants understandpatent laws and in developing strategies for maximizing the value ofintellectual property under those laws. The IP attorney can ensure thatthose strategies are implemented when patent applications are prepared.The IP attorney is typically an expert in writing (drafting) patentclaims and in negotiating the wording (and, hence, scope) of thoseclaims during the prosecution of the patent application. However, due tothe amount of training required to understand both technical and legalmatters, IP attorneys are in short supply. Moreover, since everyapplication is unique and requires the applicant to educate the IPattorney, the process can become lengthy and expensive.

To illustrate, patents are obtained by conducting a negotiation with thenational patent office in which the patent application was filed. Theprocess is called “prosecution” of the patent and can extend over an18-month to two-year period, or longer. The first step in the process isthe generation and filing of a complete patent application in a nationalpatent office such as the United States Patent & Trademark Office (USPTO).

The generation of a patent application is a fairly complicated matter,since the application must adhere to certain criteria and standards ofthe US PTO. The patent application generally includes a specificationand claims. The specification must be enabling and must describe theinvention “in such full, clear, concise, and exact terms as to enableany person skilled in the art . . . to make and use” the inventionwithout undue experimentation. 35 U.S.C. § 112. The claims mustparticularly point out and distinctly claim what the applicant regardsas the invention and must satisfy the statutory requirement that theclaimed invention has utility and qualifies as patentable subjectmatter. Moreover, drawings may be required where necessary to understandthe claimed subject matter. These drawings need to conform to highlyspecific Patent Office requirements. Additionally, certain proceduralsteps, if done properly and in a timely manner, can minimize costs,facilitate prosecution, and be the best insurance against having apatent invalidated in litigation.

Once filed, the applicant can expect that, in the first office action“on the merits of the application,” an examiner from the national patentoffice will likely reject all of the claims and provide grounds for eachrejection and reasons why each and every claim appears to beunpatentable. The applicant in turn responds to the rejections byarguing why they are incorrect and/or by amending the application (mostlikely the claims) to avoid the rejections. The examiner considers theresponse/amendment submitted by the applicant and then issues a secondOffice action. In the second Office action, it is not unusual for theexaminer to make a “final rejection” of some or all of the claims. Uponreceipt of a final rejection, the only options available to theapplicant are to adopt changes in the rejected claims suggested by theexaminer (if any are suggested), to appeal the examiner's decision tothe Board of Patent Appeals and Interferences or to abandon theapplication, if the examiner has not allowed any claims.

Historically, inventors use the services of patent agents or attorneyswho can put an application in a proper format for submission. However,increased demand for the services of these agents and attorneys,combined with a limited supply of patent agents and attorneys, hascaused costs for patent applications to spiral upward. Further, theaverage pendency for drafting patent applications has also increased dueto the increased workloads on the agents and attorneys. To reducedelays, certain patent professionals have culled their client base andfocus on serving large or well-funded corporate clients.

To cut cost and/or to speed up the application process, patentapplications can be prepared, filed and prosecuted by applicants who arenot represented by a patent attorney (pro se applicants). To serve thismarket, a number of how-to books and software templates have evolved.However, the how-to books require users to spend valuable time learningthe never-ending complexity of the IP legal system. Software templatesprovide a series of examples for a user to follow in completing anapplication. However, these templates tend to be too simplistic andessentially present only the major parts of the application to the user.However, the user is left on his own in completing the application.These templates do not actively check mistakes that a novice can make,and they can't assist users in responding to rejections from the patentoffice.

Due to the complexity of the entire process from filing to negotiatingwith examiners well versed in the patenting process as well as the priorart, the filing or prosecution of patent applications on a “pro se”basis is not recommended for inventors who have not had years ofexperience in such patent application drafting and an aptitude for thecomplex legal work that is often involved. In sum, due to cost and otherissues, only well-financed organizations can afford to participate andprofit from the world's IP systems.

Additionally, companies and individuals do not procure IP rights in theabstract. Rather, IP rights are procured with a business objective inmind (i.e., with a cost-benefit analysis). However, once procured, manyIP properties lie unused due to the expense of identifying infringingproducts and/or licensing negotiations. By mining these idled corporateassets, significant revenues can be generated. However, such activitiestypically require a team of in-house lawyers, an overhead that mostcompanies cannot afford.

Individual inventors are typically more aware of the value of theirpatents. They can use the services of invention promotion firms toextract values from their IP assets. However, the Federal TradeCommission (FTC) has investigated these firms for unscrupulousactivities. As stated by the FTC in its Web site, “[i]ndeed, manyinventors pay thousands of dollars to firms that promise to evaluate,develop, patent, and market inventions . . . and then do little ornothing for their fees.”

The Internet has provided companies and individuals with access toinformation, including IP related information. However, as theinformation piles up, the sheer volume of data makes it difficult tolocate and navigate the information needed to procure and trade IPassets. Hence, system is needed to cost-effectively facilitate andenhance the procurement and trading of IP assets.

SUMMARY

Systems and methods are disclosed to analyze a patent document byreceiving patent application text including background, description ofdrawings, description and claims; generating a claim chart showing claimdependencies; checking for antecedent, support in drawings, support inthe description; generating a navigable claim hierarchy; and generatinga diagnostic message for the patent document.

Advantages of the techniques may include one or more of the following.The techniques provide an easy-to-use software product for applicants tolearn and use. The software provides visually based tools to create anintuitive environment in which a patent application may be developed.The tools are simple to use yet sophisticated in their functionality.Inventors and patent agents/attorneys need not learn and use complicatedprogramming techniques to achieve professional results. Rather, a writerneeds to learn only a few basic skills and techniques about the art ofpatenting before the writer can create complex patent applications.Training time is reduced while the quality of work products is enhanced.

The techniques also support electronic patent filing that substitutes anelectronic form of a patent application (or any other document relatedto the prosecution of the patent application) for a paper copy. Theelectronic form may be a floppy disk or a transmission through on-linecommunication. The techniques eliminate the cost and delay of physicallyhandling, processing and delivering patent applications. The techniquesalso interact with the national patent offices in preparing theirtransmittal information and provide real time acknowledgment ofsubmissions. The techniques also check the documents to be filed forerrors and then prepare the documents for filing with the Patent Office.

The techniques also interface with different national electronic patentsystems and allow the user to create an application that is compatiblewith the different national patent systems. The information isinterchanged between the software and the various national patentsystems using electronic techniques, which reduces most of theapplication processes conventionally conducted by a user, makes thepatenting process efficient, enhances the reliability of the patentingprocess, and simplifies the control of operation by users.

The above techniques can be supported on an intranet or Internet portalthat provides a single window to a user's most commonly used desktopinformation, as opposed to a handy collection of Web site links. Theportal helps the user protect new ideas or concepts in an economical,efficient and fast manner by providing the user with access to a networkof IP lawyers for assistance in finalizing the applications. The portalalso links the user with IP related businesses such as those whospecialize in trading or mediating IP related issues. The portal alsoprovides access to non-IP resources, including venture capitalists andanalysts who track evolving competition and market places. The portalremains with users the entire time they are online and can automaticallyupdate the users on any competing products or any new patents ortrademarks granted in their areas of interest. Once users are logged-in,the portal remains in full view throughout the session, including whenthey are waiting for pages to download, navigating the Internet and evenengaging in non-browsing activities such as sending or receiving e-mail.

The constant visibility of the portal allows advertisements to bedisplayed for a predetermined period of time. Thus, the techniquesprovide Internet advertisers and direct marketers a number of advantagesin realizing the full potential of online advertising. The techniquescapture the users' profiles regarding their areas of interests, currentoccupations, company affiliations, demographic information (such as age,gender, income, geographic location and personal interests), and theusers' behavior when they are online with the system. As a result, thesystem can deliver targeted advertisements based on information providedby users, actual Web sites visited, Web-site being viewed, or acombination of this information, and measure their effectiveness. Thus,the system allows online advertisers to successfully target theiraudiences, largely due to the availability of a precise demographic andnavigation data on users. The system also allows advertisers to receivereal-time feedback and capitalize on other potential advantages ofonline advertising. The techniques provide an easy and efficient methodfor generating traffic to Web sites, strengthening customerrelationships, which ultimately increases revenues on unused IP assets.

The techniques also support purchasing or selling intellectual propertyrelated products and services with a computerized bid, auction and salesystem over a network such as the Internet. The techniques provide IPowners with access to an open market for trading IP. The techniquessupport a service-based auction network of branded, online auctions toindividuals, businesses, or business units. The techniques offer aquick-to-market, flexible business model that can be customized to fitthe IP needs of any industry and target technology.

On-line trading is done through a network-based community in whichbuyers and sellers are brought together in an efficient format to buyand sell intellectual property and other assets. The system permitssellers to list assets for sale, buyers to bid on assets of interest andall users to browse through listed items in a fully-automated,topically-arranged, intuitive and easy-to-use online service that isavailable 24-hours-a-day, seven-days-a-week. The system overcomes theinefficiencies associated with traditional person-to-person trading byfacilitating buyers and sellers meeting, listing items for sale,exchanging information, interacting with each other and, ultimately,consummating transactions. Through such a trading place, buyers canaccess a significantly broader selection of assets to purchase andsellers have the opportunity to sell their assets efficiently to abroader base of buyers. The techniques support real time and interactiveauctions that allows bidders place bids in real time and compete withother bidders around the world using the Internet. The techniques allowcustomer bids to be automatically increased as necessary up to themaximum amount specified, so bids can be raised and auctions won evenwhen bidders are away from their computers.

Other advantages and features will become apparent from the followingdescription, including the drawings and claims.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a diagram of an environment for processing intellectualproperty assets.

FIGS. 2A-2B show exemplary user interface diagrams in generating apatent application.

FIG. 2C is a flowchart illustrating a process for generating a patentapplication.

FIG. 3A is a flowchart illustrating a process for generating claims.

FIG. 3B shows an exemplary graphical user interface for a claim tree.

FIG. 3C shows an exemplary graphical representation of an exemplaryclaim.

FIG. 3D is a flowchart illustrating a process for performing antecedentbasis checking on the claims.

FIG. 3E is a flowchart illustrating a process for performingconnectivity checking on the elements of the claims.

FIG. 3F shows an exemplary element analysis process.

FIG. 4 is a flowchart illustrating a process for generating figures foran application.

FIG. 5 is a flowchart illustrating a process for generating adescription for the application.

FIG. 6 is diagram of an intellectual property portal.

DESCRIPTION

FIG. 1 shows an environment for processing intellectual property assets.A server 100 is connected to a network 102 such as the Internet. One ormore client workstations 104-106 are also connected to the network 102.Additionally, an Internet community 110 with one or more serviceproviders, manufacturers, or marketers are connected to the network 102and can communicate directly with users of the client workstations104-106 or indirectly through the server 100. The Internet community 110provides the client workstations 104-106 with access to a network of IPspecialists. For example, members of the Internet community 110 caninclude attorneys who can add value to the preparation, the prosecution,and the enforcement of the resulting IP rights. Additionally, theInternet community 110 also provides access to a variety of supportingmembers such as prior art search firms and patent delivery firms, amongothers. Additionally, one or more patent granting authorities 112 suchas the US PTO, the Japanese Patent Office, and the European PatentOffice, among others, can be connected to the network 102. The patentgranting authorities 112 can receive electronic patent applicationsubmissions and can also provide various resources aiding patentapplicants.

Although the server 100 can be an individual server, the server 100 canalso be a cluster of redundant servers. Such a cluster can provideautomatic data failover, protecting against both hardware and softwarefaults. In this environment, a plurality of servers provides resourcesindependent of each other until one of the servers fails. Each servercan continuously monitor other servers. When one of the servers isunable to respond, the failover process begins. The surviving serveracquires the shared drives and volumes of the failed server and mountsthe volumes contained on the shared drives. Applications that use theshared drives can also be started on the surviving server after thefailover. As soon as the failed server is booted up and thecommunication between servers indicates that the server is ready to ownits shared drives, the servers automatically start the recovery process.Additionally, a server farm can be used. Network requests and serverload conditions can be tracked in real time by the server farmcontroller, and the request can be distributed across the farm ofservers to optimize responsiveness and system capacity. When necessary,the farm can automatically and transparently place additional servercapacity in service as traffic load increases.

The server 100 can also be protected by a firewall. When the firewallreceives a network packet from the network 102, it determines whetherthe transmission is authorized. If so, the firewall examines the headerwithin the packet to determine what encryption algorithm was used toencrypt the packet. Using this algorithm and a secret key, the firewalldecrypts the data and addresses of the source and destination firewallsand sends the data to the server 100. If both the source and destinationare firewalls, the only addresses visible (i.e., unencrypted) on thenetwork are those of the firewall. The addresses of computers on theinternal networks, and, hence, the internal network topology, arehidden. This is called “virtual private networking” (VPN).

The server 100 supports an intellectual property portal that provides asingle point of integration, access, and navigation through the multipleenterprise systems and information sources facing knowledge workersoperating the client workstations 104-106. The portal supports servicesthat are transaction driven. Once such service is advertising: each timethe user accesses the portal, the client workstation 104 or 106downloads information from the server 100. The information can containcommercial messages/links or can contain downloadable software. Based ondata collected on users, advertisers may selectively broadcast messagesto users. Messages can be sent through banner advertisements, which areimages displayed in a window of the portal. A user can click on theimage and be routed to an advertiser's Web-site. Advertisers pay for thenumber of advertisements displayed, the number of times users click onadvertisements, or based on other criteria. Alternatively, the portalsupports sponsorship programs, which involve providing an advertiser theright to be displayed on the face of the port or on a drop down menu fora specified period of time, usually one year or less. The portal alsosupports performance-based arrangements whose payments are dependent onthe success of an advertising campaign, which may be measured by thenumber of times users visit a Web-site, purchase products or registerfor services. The portal can refer users to advertisers' Web-sites whenthey log on to the portal.

Yet another service supported by the portal is on-line trading of IPassets. By communicating through a wide area network such as theInternet, the portal supports a network-based community in which buyersand sellers are brought together in an efficient format to buy and sellintellectual property and other assets. The portal permits sellers tolist assets for sale, buyers to bid on assets of interest and all usersto browse through listed items in a fully-automated, topically-arranged,intuitive and easy-to-use online service that is available24-hours-a-day, seven-days-a-week. Through such an IP trading portal, IPbuyers can access a significantly broader selection of IP assets topurchase and sellers have the opportunity to sell their IP assetsefficiently to a broader base of buyers. The portal overcomes theinefficiencies associated with traditional person-to-person trading byfacilitating buyers and sellers meeting, listing items for sale,exchanging information, interacting with each other and, ultimately,consummating transactions.

Additionally, the portal offers forums providing focused articles,valuable insights, questions and answers, and value-added informationabout seed and venture financing and startup related issues, includingaccounting and consulting, commercial banking, insurance, law, andventure capital. The portal can connect savvy Internet investors with IPowners. By having access to the member's IP interests, the portal canprovide pre-screened, high-quality investment opportunities that matchthe investor's identified interests. The portal thus finds and addsvalue to good deals, allows investors to invest from seed financingright through to the IPO, and facilitates the hand off to top tierunderwriters for IPO. Additionally, members of the portal have access toa broad community of investors focused on the cutting edge of hightechnology, enabling them to work together as they identify and qualifyinvestment opportunities for IP or other corporate assets.

Other services can be supported as well. For example, a user can rentspace on the server to enable him/her to download application software(applets) and/or data—anytime and anywhere. By off-loading the storageon the server, the user minimizes the memory required on the clientworkstation 104-106, thus enabling complex operations to run on minimalcomputers such as handheld computers and yet still ensures that he/shecan access the application and related information anywhere anytime.Another service is On-line Software Distribution/Rental Service. Theportal can distribute its software and other software companies from itsserver. Additionally, the portal can rent the software so that the userpays only for the actual usage of the software. After each use, theapplication is erased and will be reloaded when next needed, afterpaying another transaction usage fee.

Software that can be downloaded from the server 100 includes a module toassist a user in generating a patent application. FIG. 2 shows a process200 performed by the software for assisting the user in generating thepatent application. First, the process 200 prompts the user to enter aninvention disclosure and assist the user in discerning validity andpatentability of subject matter (step 202). The prompting can be doneusing a help window or an electronic assistant (agent). The inventiondisclosure captures information relating to the need for the inventionand existing solutions addressing this need. As part of the disclosure,the user is prompted to list any publications or planned disclosures(including abstracts and presentations) of the invention; describe andlist the date of any sale or public use of the invention; and list thenames, addresses and affiliation of anyone to whom the invention hadbeen disclosed and whether such disclosure was written or oral. Theinformation is used to determine whether the invention has beendescribed in a printed publication anywhere in the world, or if it hasbeen in public use or on sale before the date of the invention. The useris also prompted to search and electronically capture the closest priorart located from the search, or if an electronic version is notavailable, to manually describe the closest prior art. The closest priorart will be used later in ascertaining patentability and in refining thescope of the claims.

The process 200 then asks the user to describe a hypothetical productthat, if produced, would infringe the claims (step 204). The process 200then helps the user in drafting one or more patentable independentclaims to cover the hypothetical product in view of the prior art (step206). The process 200 also performs a potential infringement analysis byreading the claims onto the hypothetical accused product (step 208). Ifthe infringement analysis indicates that the claims had been drafted toonarrowly, steps 206-208 are repeated until the user is satisfied withthe scope of the claims in view of the prior art.

The process 200 then guides the user in generating drawings associatedwith the invention (step 210). In this step, the process 200 provides a“brief description of the drawings” table with an intelligent entry barso that the user can simply click on a brief description for aparticular figure and the text becomes available for editing. The textis a listing of all figures by number and with corresponding statementsexplaining what each figure depicts. After drawings have been draftedmanually or using a computer, the process 200 generates a listing ofelements all elements used in the drawings. Based on the listing, theprocess 200 checks that the elements recited in the claims appear in thedrawings (step 212) and otherwise the process 200 indicates an error.Also, if an element number is associated with two different elementnames, the process 200 indicates an error to the user. If the drawingsare electronic, the process 200 can also check for conformance todrawing requirements by various Patent Office regulations such as papermargin requirements, among others.

The process 200 then assists the user in drafting the applicationitself, including text discussing the field of the invention and abackground discussion of the invention (including citation anddiscussion of prior art). The information provided in the inventiondisclosure can be used as a basis for the background discussion. Thebrief description of the drawings generated in step 210 is copied to theappropriate location in the application. Next, the agent guides the userin generating a description, which is a detailed discussion of theinvention (step 214). A summary of the invention and an abstract areautomatically generated based on the claims, and the user can edit thecomputer-generated summary of the invention and abstract if needed (step216). The summary is separate and distinct from the abstract and isdirected toward the invention rather than the disclosure as a whole. Thesummary may point out the advantages of the invention or how it solvesproblems previously existent in the art (and preferably indicated in theBackground of the Invention). The process 200 also generates aninformation disclosure statement (IDS) based on the known prior art(step 220).

When the user completes the application, the process 200 frames thedraft application in accordance with a predetermined order ofarrangement (step 221). In one embodiment, the order of arrangement is:Title of the invention; Cross-reference to related applications;Statement regarding federally sponsored research or development;Reference to a “Microfiche appendix”; Background of the invention,including a Field of the invention and a Description of related art;Brief summary of the invention; Brief description of the several viewsof the drawing; Detailed description of the invention; Claims; Abstractof the Disclosure; Drawings; and Sequence Listing (if any).

The process 200 guides the user through a detailed pre-filing check thateliminates common filing mistakes (step 222). The pre-filing checkverifies that the Express Mail Declaration includes correct MailingLabel Number and Express Mail Mailing Label stub or sticker is attachedto the Declaration; Postcard includes Express Mail Mailing Label Numberand lists all papers being sent and the pages of each; Check for filingfee attached or deposit account charged on transmittal letter;Transmittal letter is complete and accurate, names ALL inventors IFKNOWN and includes Express Mail stamp; Cover sheet includes title, namesof ALL inventors IF KNOWN, and Express Mail stamp; All pages are presentand checked for printer errors, and all pasted in tables and handwrittensymbols are included; At least one claim is included; Appendices, ifany, include all pages and cover sheets of each include an Express Mailstamp; Microfiche appendix, if any, is referenced at start ofspecification; Declaration is signed and if not signed, warn the userthat surcharge will be assessed and signed Declaration will be requiredwithin 3 months; All figures are included and checked against the listof figures in the specification; Figure stamp appears on back of allsheets; Assignment, if filed, is complete and includes Recordation CoverSheet; Check for assignment fee is attached; Small Entity Declaration,if qualify, is signed by proper company officer or inventor; Foreignpriority documents are enclosed to perfect the claim for priority; IDS,if included, lists all art cited by the applicant or examiner in anyrelated application and any new art; Copies of all the art are included;and Transmittal letter includes Express Mail stamps with correct mailinglabel number, among others.

Additionally, the process 200 prepares a Declaration of Inventorship;prepares a small entity statement, where applicable; and generates apost card receipt to acknowledge all documents filed with the UnitedStates Patent and Trademark Office in Washington, D.C. Additionally, theprocess 200 generates a transmittal letter to the Commissioner ofPatents (step 224).

At this point, the patent application can be file with a national patentoffice (step 226). The application can be hand-delivered, or can bedelivered using a postal service. Alternatively, the patent applicationcan also be saved onto a computer readable medium such as a disk thatcan then be forwarded to the Patent Office or the document can betransmitted directly using an on-line communication to the PatentOffice.

In one implementation, the process 200 supports the US Patent andTrademark Office's Electronic Filing System (EFS) to allow thesubmission of patent applications electronically using the Internet. TheUSPTO has established as crucial to its Strategic Business Plan, theeventual goal of complete electronic filing of patent applicationsubmissions and the creation of an electronic workplace. The ElectronicFiling System is one of several electronic commerce automated servicesto be provided to patent business customers. This capability is expectedto be fully operation, according to U.S. Commerce Secretary William M.Daley: “The Department of Commerce is using the web to entirely changethe way we interact with our customers. What eBay has done for auctions,we are trying to do for government. The EFS Pilot moves Commerce anotherstep closer to going from a paper-based bureaucracy to an all-digitalDepartment by the year 2002.”

In this implementation, the system communicates with an electronicPackaging and Validation Engine (ePAVE) developed by the US PTO toprovide its customers with a means to enter transmittal and feeinformation, bundle it with the application's Declaration andSpecification, compress the package, and transmit it to the agency. Toaddress the confidentially and integrity of the information as it isbeing transmitted over the Internet, the system conforms to the US PTO'srecently deployed Public Key Infrastructure (PKI) software to digitallysign and encrypt the information. Although the US PTO is mentioned as anexample, other suitable patent offices include regional patent officessuch as the European Patent Office and national patent offices such asthe Japanese Patent Office, the Korean Patent Office, and the VietnamesePatent Office, among others.

FIG. 3A shows in more details a process 300 that is an embodiment ofstep 208. First, the user is guided to draft one or more independentclaims (step 301). In one embodiment, the claims are entered into aspreadsheet with two columns. The first column stores each element,while the second allows the user to enter notes about closest knownprior art element. The instruction or agent then requests the user toenter each element and corresponding element in the prior art. If thecorresponding element does not exists, the user can set thecorresponding prior art element to “NO CORRESPONDING PRIOR ART ELEMENT.”If the user does not know how to draft a claim, he can click a button“Show Example” and the independent claims associated with the prior art,if available, will be shown in sequence as an example.

Once an independent claim has been drafted, the agent guides the userthrough a series of sequence to broaden the independent claim whilepreserving validity over known prior art (step 302). First, the agentchecks whether more than one “NO CORRESPONDING PRIOR ART ELEMENT”exists. If so, the claim is too narrow and the user is instructed tokeep one of the “NO CORRESPONDING PRIOR ART ELEMENT” element. Theremaining “NO CORRESPONDING PRIOR ART ELEMENT” elements can be movedinto dependent claims. Alternatively, if every element of the inventionis met by the closest prior art, the agent tells the user that a newelement or distinguishing point needs to be added to be patentable overthe prior art.

Once the independent claim is deemed to be patentable over the priorart, the process 200 performs an infringement analysis that focuses onthe breadth of each independent claim (step 304). The spreadsheetshowing elements of the claim becomes a checklist for determiningwhether infringement exists. If all the elements in the infringementchecklist are present (either literally or equivalently), theninfringement exists for the hypothetical product. If even one checklistelement is missing, there is no infringement of that claim. The agentprobes for a generic alternative for each element and uses the genericalternative in place of the specific version of the element in anindependent claim, with the specific version being used in appropriatedependent claims for purposes of claim differentiation. For example, ifthe claim recites a “jet engine” but the invention can work with anytype of engine, the agent would suggest moving the specific reference“jet” to a dependent claim.

The agent iteratively asks the user what elements can be eliminated froma claim. For each element, the agent asks the user whether this elementis really necessary and can a competitor do without the element in adesign around effort. Pseudo code executed by the agent for reducing therisks of a design-around is as follows:

With each independent claim, select the one or more elements that can beomitted from a commercial product. Select one element of leastimportance and substitute an element that performs the same function butis physically as different as possible from that of the claimed elementso as not to be considered an insubstantial change. Select the leastimportant element and determine if the element can be changed so as toforce it to function in a different way (from what is recited in eitherthe specification or claim) while producing the same result. Iterateuntil the above steps can not be done.

Based on the independent claims, the process 200 guides the user throughgenerating the dependent claims (step 306). This is done by iterativelyasking the user about significant variations on each element of theindependent claims. Pseudo code executed by the agent for generating thedependent claims is as follows:

For each independent claim: Identify major elements for the claim; andFor each element, generate dependent claims covering: Potentialsubstitutes; or Actual elements required to implement the invention Next

As each new claim is generated, the process 200 shows a running costassociated with number of claims so far to help the user perform acost/benefit analysis of claims (step 308).

When requested by the user, the process 200 can show a claim tree tohelp user visualize inter-claim relationship (step 310). An exemplarygraphical user interface for the claim tree is shown in FIG. 3B. To moveclaims, the user can drag/drop claims and the claims will automaticallybe renumbered to show their new relationship. The user can also select aclaim and add new claims or delete an existing claim. All other claimswill be automatically be adjusted and renumbered accordingly.

Also, once the user clicks on a particular claim, he can request thecomputer to diagram elements of the claim in a graphical representation(step 312). Pseudo-code for creating a graphical representation of aclaim is:

Create and initialize empty tree data structure. For each element: Addnew node to tree. If the element is written in functional languageSelect previous node as the parent node. Else If the element refers toanother claim element with words such as “coupled to” or “connected to”,select the node being referred to as the parent node. Make current nodea descendant of the parent node. Draw element and connect the element tothe parent node. Next

FIG. 3C shows an exemplary graphical representation of an exemplaryclaim. The user can select a claim element and add new elements ordelete an existing element. All other elements will then beautomatically adjusted accordingly.

FIG. 3D is a flowchart illustrating a process 340 for performingantecedent basis checking on the claims. The US PTO and many otherPatent Offices require the claims to be written in clear and conciselanguage. One rule is that the first time an element appears, thatelement is preceded by “a” or “an” and the next time the element ismentioned in the same or dependent claim, the element should be precededby “said” or “the”. The process 340 checks that, whenever the user uses“the” or “said” before an element, that element was properly introducedwith “a” or “an” in front of the element.

For each claim, the process 340 initializes a pointer to the currenttext position (step 342). Next, if the claim preamble indicates that theclaim is a method or a process claim, the process 340 identifies allgerunds except comprising/including/having as antecedent basiscandidates (step 344) and save the gerund phrase in an element table forthe claim (step 346).

Alternatively, if the claim is not a method or process claim, theprocess 340 repeats the following until the end of claim. First, theprocess 340 identifies the next occurrence of “the” or “said” andidentify potential end of noun phrase (step 348). One way to determinethe end of the noun phrase is to look for keywords such as for, to, etc.within a predetermined number of words from the “the” or “said”. If nokeyword exists, the process 340 can do a sliding search for subsequentoccurrences of a noun phrase matching the phrases following “the” or“said.” Additionally, since a subsequent reference to a multi-wordelement may not precisely repeat the entire text for the element, theprocess 340 can extract word clusters from the text for the element.Such clustering discovers word groups that can be used to determine aninexact antecedent basis match. These word groups are also useful infinding occurrences of the element in the detailed description. Further,fuzzy word search techniques can be used to perform an inexactcomparison of a multi-word element.

Further, if the noun phrase is in a gerund+means form (for example,adding means), the process 340 adds an entry to cover the “meansfor”+gerund form (for example, means for adding) (step 350). The nounphrase is saved in an element table for the claim (step 352).

The process 340 also looks for a matching occurrence of “a” or “an”indicating a start of noun phrase. As done above, the process 340 alsoidentifies a potential end of noun phrase (step 354). The noun phrase isthen saved in the element table for the claim (step 356). Again, if thenoun phrase is gerund+means form, the process 340 adds an entry to coverthe “means for”+gerund form (step 358). If no matching occurs for thetext in the current claim and if claim is a dependent claim, the process340 searches parent claims for antecedent basis support (step 360). Thisis done by searching the element table for each claim. If all claimshave been searched and no match exists, the process 340 highlights theelement with “the” or “said” to indicate a problem and generates anantecedent basis error message (step 362). The process 340 then updatesthe pointer to the current position in the claim text and loops back tostep 344 to check the next element (step 364). Pseudo-code forperforming antecedent basis checking for each claim is:

Initialize pointer to current text position in claim. If claim is methodor process claim: Identify all gerund phrases in claim except“comprising/including/ having” as antecedent basis candidates. Save nounphrase in an element table for the claim. Else repeat until end of claimIdentify next occurrence of “the” or “said” and identify potential endof noun phrase. Save noun phrase in an element table for the claim. Ifnoun phrase is gerund + means form, add an entry to cover the “meansfor” + gerund form. Look for matching occurrence of “a” or “an”indicating a start of noun phrase and identify potential end of nounphrase. Save noun phrase in an element table for the claim. If nounphrase is gerund + means form, add an entry to cover the “means for” +gerund form. If no matching occurrence for current claim text and ifclaim is a dependent claim, search parent claims for antecedent basis.If all claims have been searched and no match exists, highlight elementwith “the” or “said” and flag antecedent basis error. Update pointer tocurrent position. End if

FIG. 3E is a flowchart illustrating a process 370 for performingconnectivity checking on the elements of the claims. This is anotherrule required by the US PTO that all elements of a claim must beinterconnected. This can be done by a structural connection, forexample: “an [element 2] fixably attached to said [element 1] . . . ”Alternatively, when functional claims such as means plus function claimsare used, a functional connection can be implicit. The process 370checks for dangling elements that are not connected to other elementsunless the functions of the elements inherently connect the elements.The process uses the tree data structure previously created inaccordance to the pseudo-code of step 312. First, the process 370 startsat root of tree data structure (step 372). Next, for each node of thetree data structure representing an element, the process checks whetherthe element has a parent node (stands alone) (step 374). If not, theprocess 370 highlights element in the graphical representation (step376) and generates an error message (step 378). The next node isselected and analyzed until all nodes have been inspected forconnectivity. Pseudo-code for performing connectivity checking is:

Start at root of tree data structure. For each node representing anelement: If the element does not have a parent node (stands alone),highlight element and generate error message. Next

FIG. 4 shows a process 390 for generating drawings. First, the process390 asks the user to describe an outline of the figures to be drawn(step 392). The outline can be used to generate a first draft of the“Brief Description of the Drawings.” Next, the user is prompted tosketch all figures (step 394). Each figure is composed of one or moreelements, each of which has a name. The process 390 collects the nameand the relationship of the elements into a data structure that will beused to check conformance to the claim language and to generate a firstdraft of the description in FIG. 5 (step 396). Next, the process 390checks to ensure that all elements recited in the claims are shown inthe figures (step 398). This is done by comparing the element table foreach claim against the data structure saved in step 396. If one or moreelements recited in the claims are not shown in the figures, the claimelement is highlighted and an error message is shown (step 399) beforethe process 390 loops back to step 394 to allow the user to update thefigures.

FIG. 5 illustrates in more detail the generation of the description. Thedescription is a textual description of the drawings. In this section,the invention must be explained along with the process of making andusing the invention in full, clear, concise, and exact terms. Thissection should distinguish the invention from other inventions and fromwhat is old; and describe completely the process, machine, manufacture,composition of matter, or improvement invented.

In general, the description simply discusses the invention in sufficientdetail so that any person of ordinary skill in the art could make anduse the invention without extensive experimentation. The best modecontemplated by the inventor of carrying out the invention must be setforth in the description. Each element in the drawings should bementioned in the description. The user should also describe any possibleequivalents for each element recited in the claims. The explicitequivalent discussion in the patent application can frustrate attemptsto design-around the patent using equivalent elements.

In one embodiment, a process 400 generates a description by taking theelements of each figure, ascertaining the relationships among theelements, and textually describes the elements in the figures. Theprocess 400 builds on the figures generated in FIG. 4. Hence, theprocess 400 needs not check for conformance of element names in thefigures to the claims. However, if the process 400 is executed in astand-alone mode, the figures need to be checked to ensure that allelements of the claims are shown in the figures first.

The process 400 first selects a figure to describe (step 402). Theprocess 400 then determines various related groups of elements to focuson one at a time (step 404). For each related group of elements in thefigure, the process identifies each element in the related group (step406) and extract name of element and relationship to other element(s) inthe figure (step 408). This information is translated into text form.Reference characters corresponding to elements recited in the detaileddescription and the drawings are used in conjunction with the recitationof the same element or group of elements in the claims. The referencecharacters are enclosed within parentheses so as to avoid confusion withother numbers or characters that may appear in the claims. The process400 also textually describes the operation of element and relationshipof element to other element(s) (step 410). The process 400 thentextually describes the operation of the group of elements incombination so that a reader can have a bird's eye view of the element'srole (step 412). Further, the process 400 also prompts the user toprovide an overview description of all elements in the figure at the endof the description for the figure to package the description in clearand easy to read language (step 414).

The process 400 also checks for informalities such as conformance topaper size, margin spacing, line spacing, and page numbering, amongothers. Additionally, the process 400 checks to ensure that all elementsrecited in the claims are described in the description section (step420). This is done by searching each entry in the element table for eachclaim against the description generated. If one or more elements recitedin the claims are not shown in the description, the claim element ishighlighted and an error message is shown (step 422) before the process400 allows the user to update the figures.

The process 400 also prompts the user to confirm that the specificationincludes adequate written description of the invention or discovery andof the manner and process of making and using the same, and is requiredto be in such full, clear, concise, and exact terms as to enable anyperson skilled in the art or science to which the invention or discoveryappertains, or with which it is most nearly connected, to make and usethe same (step 424). This is necessary since the specification must setforth the precise invention for which a patent is solicited, in suchmanner as to distinguish it from other inventions and from what is old.It must describe completely a specific embodiment of the process,machine, manufacture, composition of matter or improvement invented, andmust explain the mode of operation or principle whenever applicable.

The process 400 also prompts the user to ensure that the best modecontemplated by the inventor of carrying out his invention has beendescribed (step 426). In the case of an improvement, the process 400prompts the user that the specification must particularly point out thepart or parts of the process, machine, manufacture, or composition ofmatter to which the improvement relates, and the description should beconfined to the specific improvement and to such parts as necessarilycooperate with it or as may be necessary to a complete understanding ordescription of it. Pseudo code for generating the description is:

For all Figures Select next Figure For each related group of elements inthe Figure For each element in the related group Extract name of elementand relationship to other element(s) in the Figure. Textually describethe operation of element and relationship of element to otherelement(s). Next Textually describe the operation of the group ofelements in combination. Next Textually describe the operation of thefigure as a whole. Next Check for conformance to claim language andSection 112 requirements.

FIG. 6 shows a diagram of a system 500 to support a portal. The system500 includes a web server 502 that hosts Java, HTML and CGI scriptsrelating to the portal. An authentication server 504 authenticates userlogins. A web cache 506 holds links to the intellectual propertycommunity 112 such as patent lawyers and businesses dealing withpatents. An advertising server 508 serves advertisements and latest IPas well as technology news.

A database server 510 stores user profiles and transaction/auctioninformation. When a new account is being created, the portal can captureuseful demographic data such as technology interests. A betterunderstanding of the users can lead to more targeted audiences, so theportal collects as much customer data as possible. Once subscriber datais collected and verified, the portal creates a user account andactivates services. The user can begin using services immediately.Additionally, a data management server performs data backup andrestoration of user folders residing on the portal.

A messaging server 512 hosts e-mail, supports dedicated virtual privatenetworks (VPNs) for users and corporations to form their own IP network.A software server 514 hosts the patent generation software and upgradesand other information related to the software. The software server 514also hosts various software downloadable by the user to access theportal.

When a user enters the portal for the first time, the portal presentsthe user with a simple form to collect basic information about the user,such as names and email addresses. After the user completes the form, hewill be shown a legal agreement that he can sign online by clicking abutton “Accept.” Alternatively, the user can request a copy of thestatement to be downloaded or mailed to him by clicking “MailAgreement”. The Mail Agreement affords the user with an opportunity toreview the details of the agreement with a lawyer if necessary.

After the user signs the agreement by clicking the “Accept” button, heor she will be given a username and password and a registrationidentification, all of which will be mailed to him at the e-mail addressentered in the registration form. The user will also be emailed awelcome package with introductory information about IntellectualProperty. After the user signs in for the first time, he will be guidedto create a personal profile. The profile tracks the user's interests invarious Intellectual Property News, Intellectual Property Laws, Seminarsand Conferences, Network of Other People with similar interests,Intellectual Property Auctions & Exchanges, Intellectual PropertyLawyers, Intellectual Property Businesses Intellectual PropertyMediators between two companies contesting the same IP subject matter,Intellectual Property Forms (Non-disclosures etc),Patent/Trademark/Copyright Updates and Market Place updates. Though allthe services are available to all on the portal, this will personalizehis areas of interest and send updates to his desktop directly. Theportal can create personalized pages for members by dynamicallyserving-up the content to each user utilizing dynamic HTML, amongothers.

Once the user completes the personal profile, he will be prompted todownload a client software called an “intellectual property assistant”(assistant). The software runs constantly on the user's desktop andconnects to the portal whenever the user connects to the Internet. Theassistant process is hidden from the desktop process list so that theassistant process cannot be accidentally “killed” or removed byaccident. The user can configure this assistant to suite his/her needs.The assistant will also allow the user to have a CHAT/Online Conferencewith other users registered with the portal.

After connecting to the portal, the assistant checks for the latestupdates in his areas of Interest and show them in a small window at thebottom left portion of the screen. The client software performs multipletasks, including establishing a connection to the portal; capturingdemographic information; authenticating a user via a user ID andpassword; tracking Web-sites visited; managing the display ofadvertising banners; targeting advertising based on Web-sites visitedand on keyword search; logging the number of times an ad was shown andthe number of times an ad was clicked on; monitoring the quality of theonline session including dial-up and network errors; providing amechanism for customer feedback; short-cut buttons to content sites; aninformation ticker for stocks, sports and news; and a new messageindicator.

When the user accesses the portal, a background window is shown on hisor her computer screen that is always visible while the user is online,regardless of where the user navigates. The window displaysadvertisements, advertiser-sponsored buttons, icons and drop-down menus.By clicking on items in the background window, users can navigatedirectly to sites and services such as intellectual property news,intellectual property laws, seminars and conferences, connections toothers with similar interests, intellectual property auctions &exchanges, intellectual property lawyers, intellectual propertybusinesses, intellectual property mediators between two companiescontesting the same IP subject matter, intellectual property forms suchas a non-disclosure agreement, patent/trademark/copyright updates andmarket place updates. Revenues can be generated by sellingadvertisements and sponsorships on the background window and byreferring users to sponsors' Web-sites. The assistant showsadvertisements while its window is visible. If the user clicks on anadvertisement or news or related feature, the assistant willautomatically launch the browser and take the user to the advertiser'ssite.

The portal incorporates data from multiple sources in multiple formatsand organizes it into a single, easy-to-use menu. Information isprovided to the public free-of-charge with value added databases andservices such as patent drafting assistance available to subscribers whopay a subscription fee. At a first level, the public can use withoutcharge certain information domains in the portal. At a second level,individual inventors, very small companies and academic users can accessthe patent drafting software when they subscribe to a first plan with apredetermined annual membership fee and a transaction fee charged perpatent application. At a third level, companies can access additionalresources such as an IP portfolio management system, a docket managementsystem, a licensing management system, and a litigation managementsystem, for example. In this manner, the portal flexibly andcost-effectively serves a variety of needs.

Other resources that the portal provides access to include intellectualproperty traders who mediate between potential licensors and licensees.These traders conduct accurate evaluations of patented technologies asproperty rights, as well evaluating their market value. An electronicvaluation module estimates the value of the IP assets. Factors evaluatedinclude term of duration of rights; status of applications made inforeign countries and rights approved there; litigation with thirdparties; licensing status; technical nature of invention (threecategories: basic technology, vastly improved technology and marginallyimproved technology); related patents; technical dominance of the IPasset, as judged by degree to which invention has been developed into asuperior concept, extent and clarity of specification; clarity of rangeof technology if there is something unclear in the range of technologyfor which rights have been formed or there is concern over theoccurrence of infringement-related disputes; relationship to use of IPrights possessed by third party; technical superiority to substitutetechnology; extent to which invention has been proven in real use;necessity of additional development for commercialization; markets forcommercialization; transfer and distribution potential; inventors (orright-holders)'s intent to engage in continual research and developmentand the possibility of applying the results; potential restrictions onthe places that it can be licensed to (such as limits on the term andregion of implementation); the right-holder's ability to exercise itsrights against infringing parties; the possibility that rights will beinvalidated, canceled, or limited; the business potential of theinvention; the possibility that substitute technology for the inventionwill be developed; the potential for competing or substitute productswill appear; the ease that imitation products be easily manufactured;the ease of detecting infringing products; the size of the market, themarket scale, the market share that is acquirable and the time frame foracquiring the targeted market share; the life span for the product'smarket; the price that a customer is willing to pay for the valuegenerated by the relevant patent right; and the sustainability of theprofit.

The portal also provides access to a bid, auction and sale systemwherein the computer system establishes a virtual showroom whichdisplays the IPs offered for sale and certain other information, such asthe offeror's minimum opening bid price and bid cycle data which enablesthe potential purchaser or customer to view the IP asset, view ratinginformation regarding the IP asset and place a bid or a number of bidsto purchase the IP asset.

The portal has access to IP search engines that continuously search theweb and identify information that is of interest to its users. Thesesearch engines will use the user profiles to search the web and storethe results in the user folders. This information is also relayed to theusers using the assistant. The portal delivers focused IP contents tointerested subscribers and indirectly drives these subscribers and theirbusinesses to innovate.

The portal thus allows users to draft their own applications rapidly andaccurately and in a manner that conforms to the requirements of themajor national patent offices. Quality in the resulting patentapplication is achieved by providing an expert system in our softwarethat guides members through each step of preparing an application. Speedis achieved by integrating the IP generation process with existingbusiness workflow. When a communication from the patent office isreceived, the expert system guides the user through the process ofresponding. Since the member is generating the bulk of the work product,the cost in procuring the IP asset is reduce, while responsiveness isenhanced.

A network of independent patent attorneys can perform value-addedpre-filing check to enhance the member's work product, if desired.Information relating to the network of attorneys will be maintained in asearchable database. Thus, members can search by the attorney's specificexpertise (legal as well as technical) and by location. Members can thenemail the selected attorney a question. To prevent conflict issues, themembers will be warned that the first question should be couchedabstractly so that the invention is not revealed. Further, each attorneyin the network automatically observes the applicable conflict rules inhis or her jurisdiction before taking on the question. One or moreattorneys in the network can respond to the first question to initiatethe consultation process, if no conflict exists. The parties can thennegotiate fees relating to subsequent questions and/or work. As such,the portal supports a market-based system for getting qualified IPassistance.

The portal generates revenues by providing advertisement space to lawfirms, attorneys, patent-support businesses and corporations. Allbusiness references for business-to-business transactions will becharged a fee depending on the service levels. Moreover, individuals orcompanies who use the IP trading services to acquire patents will paymembership fees and a percentage of the cost of the traded IP. They canalso choose to pay a royalty instead of a one-time cost. By havingaccess to the member's IP interests, the Web site can providepre-screened, high-quality investment opportunities that match theinvestor's identified interests. The web site thus finds and adds valueto potential deals, allows investors to invest from seed financing rightthrough to the IPO, and facilitates the hand off to top tierunderwriters for IPO. Additionally, members have access to a broadcommunity of investors focused on the cutting edge of high technology,enabling them to work together as they identify and qualify investmentopportunities for IP or other corporate assets.

Although the above systems and processes are geared toward patents, thesystem can process applications for copyrights and trademarks. In oneembodiment for generating software copyright applications, the systemselects and displays an appropriate form such as a Form TX from theCopyright Office. Databases are generally considered to be literaryworks, and are also registered using Form TX. If the database iscontinually updated, it may be considered a serial work, whoseregistration should be completed using Form SE. If pictorial images andaccompanying sounds are dominant over the text therein, the applicationshould be registered as an audiovisual work, using Form PA.

The system then walks the user through each section of the application.For Form TX, the system prompts the user to enter a title, which is thename of the work that the Copyright Office will use for indexingpurposes, and for future identification. Here, each program will needits own title and, optionally, a version number. If the version numberis other than 1.0, an examiner will inquire and allow only the additionsover the earlier, but noncopyrighted, versions. If the software is knownby any other titles in a previous version, then that information must befilled into the space for the block labeled Previous or AlternativeTitles. Further, in cases where the work is a contribution to aperiodical, serial or collection, the collective work must also beidentified.

The system then guides the user in Section 2 of Form TX, where theauthor or authors are identified. If the work was made for hire, thenthe hiring party is the author. If not, the person who actually wrotethe program is the author. If the work-for-hire box is checked, theemployer should be identified as the author. The author's birth date isrequired, where an individual is the author, but is not required if thesoftware is a work-for-hire. If the author is deceased, the year ofdeath must be included. Finally, the nationality or domicile of theauthor is needed.

Further, a brief description of the work must be entered in the spacelabeled “Nature of Authorship.” For computer programs, the user isprompted to broadly state the description. The following provides a listof examples: computer program, entire computer code, entire program,entire program code, entire text, entire work, module, program, programinstructions, program listing, program text, revised program, routine,subroutine, software, and text of program. The system then prompts theuser to fill Section 3, which asks for the creation date, or the datethat the work was first fixed in some medium, and the publication date,or the date of first distribution (or offer of distribution), publicperformance, or public display. Similarly, Section 4 asks for the namesand addresses of each claimant, which can be the author, or a person ororganization who has ownership interests in the work. If the claimant isnot the author, a brief statement explaining the chain of ownershipshould be given. This statement can be as simple as “By writtencontract,” “Transfer of all rights by author,” or “Assignment.” Theapplication need not include transfer documents or riders to support thestatement. The user is guided on to Section 5, which asks for the dateof the latest prior registration of the work and (assuming the identicalwork has already been registered) the basis for the subsequentapplication. If the same version has already been registered, asubsequent registration may be used to correct authorship, or where thework was originally registered in an unpublished version, a subsequentregistration can be sought for the published version. Next, the systemprovides a menu for the user to determine if the work being registeredis a changed version, a compilation, or a derivative work. In Section 6,the system presents the user with choices along with explanation on thechoices, including “Previous Version,” “Revised Computer Program,” or“Revisions and Additional Text of Computer Programs.” If the work isboth a derivative work and a compilation, the system prompts the user tostate “Compilation and Additional New Materials.”

Further, the system prompts the user to provide a deposit material. Fora computer program, the deposit material must be in some visuallyperceivable form. Where the program has not been published (or if theprogram has been published only in machine readable form) one completecopy of “identifying portions” of the program must be reproduced onpaper or microfilm. If published, 2 copies of the program must besubmitted. Generally, an identifying portion consists of the first andlast 25 pages (or equivalent units of source code) if printed on paper,plus the page containing the copyright notice. Alternatively, if theprogram is less than 50 pages, the whole program listing can bedeposited.

Similarly, for trademark applications, another embodiment can walk theuser through whether he or she wishes to generate use-based applicationsor intent-to-use (ITU) applications, which are available if one has notyet used the mark on goods. The system prompts the user to list all thegoods with which the mark will be used, or has been used. This should becarefully worded to ensure that the registration is not unduly narrowed.The system then requests a description of how the mark is used. Atrademark must be used on (or in connection with) the actualgoods—advertising is not sufficient use. The system can ask if the markis a composite mark (such as a logo plus words), then the systempresents the user with a choice of registering the word mark alone, theword/logo combination, or the logo alone. The system also guides theuser with the selection of specimens with a use application. These areactual labels, tags, or packaging. The system can then suggestalternatives such as photographs that can be sent instead of specimenswhen the specimen is not flat, or when it is too large.

This invention has been described herein in considerable detail in orderto comply with the patent Statutes and to provide those skilled in theart with the information needed to apply the novel principles and toconstruct and use such specialized components as are required. However,it is to be understood that the invention can be carried out byspecifically different equipment and devices, and that variousmodifications, both as to the equipment details and operatingprocedures, can be accomplished without departing from the scope of theinvention itself

What is claimed is:
 1. A computer implemented method to analyze a patentdocument, comprising: generating a claim tree showing claim relationshipbetween descendant and parent claims; utilizing an interface so thatwhen a user selects a claim, a graphical representation of the claimrelationship is diagrammed; moving a claim using drag and drop selectionand automatically renumbering the claims to show new claim relationship;and generating a diagnostic message for the patent document.
 2. Themethod of claim 1, comprising checking terms in the document.
 3. Themethod of claim 1, comprising identifying terms appearing in the claimsand not in the specification.
 4. The method of claim 1, comprisingindexing terms in the claims, along with claim number and independentclaim type or dependent claim type.
 5. The method of claim 1, comprisinggraphically displaying one or more relationships between one or moretext portions in the document.
 6. The method of claim 1, comprisingchecking the claims for a prior art reference.
 7. The method of claim 1,comprising linking the claims to one or more patents for patentabilityanalysis.
 8. The method of claim 1, comprising providing a navigableinterface, including an element tree hierarchy and claim mapping.
 9. Themethod of claim 1, comprising detecting term and phrase differencesbetween the claims and the description.
 10. The method of claim 1,comprising checking for accuracy and consistency of part numbers andlabels.
 11. The method of claim 1, comprising suggesting broader andnarrower terms for the claims or the description.
 12. The method ofclaim 1, comprising searching search engines for terms and phrases. 13.The method of claim 1, comprising adjusting claims when selected, added,or deleted, wherein all other claims will be automatically be adjustedand renumbered; and indexing terms in the claims, along withautomatically detecting and displaying a claim number from a claim textand claim status as independent claim type or dependent claim type. 14.The method of claim 1, comprising linking a dependent claim reference toa parent claim.
 15. A system to analyze a patent document, comprising: ascreen to receive patent application text including background,description of drawings, description and claims; code to generate aclaim chart showing claim dependencies; code to check for antecedent,support in drawings, support in the description; code to generate anavigable claim hierarchy and to move claims when requested by the user,the claim tree showing the claim relationship, wherein upon a drag anddrop of a claim, the claims will automatically be renumbered to show newclaim relationship; and code to generate a diagnostic message for thepatent document.
 16. The system of claim 15, comprising code to identifyterms appearing in the claims and not in the specification; index termsin the claims, along with claim number and independent claim type ordependent claim type; check accuracy and consistency of part numbers;and provide a navigable interface, including an element tree hierarchyand claim mapping.
 17. The system of claim 1, comprising code to suggestbroader and narrower terms.
 18. The system of claim 1, comprising codeto search search engines for terms and phrases.
 19. The system of claim1, comprising code to automatically renumber claims and claimreferences.
 20. An intellectual property (IP) system, comprising: aplurality of workstations serving IP specialists each adapted to receivea patent document and to provide value added services; a server coupledto the user workstations over the Internet, the server executing apatent analyzer, including: a screen to receive patent text includingbackground, description of drawings, description and claims; code togenerate a claim chart showing claim dependencies; code to check forantecedent, support in drawings, support in the description; code togenerate a navigable claim hierarchy that supports moving a claim usingdrag and drop selection, wherein the claims will automatically berenumbered to show new claim relationship; and code to generate adiagnostic message for the patent document.